DCIT 2(3)(1), MUMBAI vs. VISION IT EDUCATION INDIA P.LTD, MUMBAI

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ITA 252/MUM/2016Status: DisposedITAT Mumbai08 November 2017AY 2012-133 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the tax effect was below the monetary limit specified in the CBDT Circular No. 21/2015. Therefore, the appeal was not maintainable.

What were the facts?

The revenue filed an appeal against the order of the CIT(A) for assessment year 2012-13. The assessee's representative submitted that the tax effect involved in the appeal was less than Rs. 10.00 lacs.

What were the issues?

The primary issue was whether the appeal filed by the revenue was maintainable based on the 'tax effect' and the prevailing CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘F’ BENCH, MUMBAI

Before: SHRI B.R.BASKARAN, AM & SHRI RAVISH SOOD, JM

For Appellant: Shri Jitendra Singh, A.R
For Respondent: Ms. Pooja Swaroop, D.R

आदेश / O R D E R

PER RAVISH SOOD, JUDICIAL MEMBER

1.

The captioned appeal filed by the revenue pertaining to assessment year 2012-13 is directed against the order passed by the CIT(A)-6, Mumbai, dated 30.10.2015, which in itself arises from the P a g e | DCIT Vs. M/s. Vision IT Education order passed by the Assessing Officer under section 143(3) of the Income Tax Act, 1961 (in short ‘the Act’), dated 14.11.2014.

2.

That at the very outset of the hearing of the appeal it was submitted by the ld. Authorized Representative (for short ‘A.R.’) that ‘tax effect’ involved in this appeal is less than Rs.10.00 lacs. The ld. A.R placed on record the calculation of the tax effect involved in the present appeal, which as per him was worked out at Rs.9,34,388/-. Per contra, the ld. Departmental representative (for short ‘D.R’) could rebut the aforesaid contention of the ld. A.R.

3.

The CBDT vide its Circular No. 21.2015, dated 10.12.2015 has revised the monetary limits for filing of appeals by the Department before the Tribunal, retrospectively. Since the tax effect in dispute in the captioned appeal is stated to be below the monetary limit of Rs.10.00 lac specified in the CBDT Circular, dated 10.12.2015 (supra), the same is dismissed as not maintainable.

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